Just cause for termination, but City failed to establish discipline was taken within 180 days as required. Employee reinstated

In a case that has received considerable publicity, Arbitrator Don Williams has ordered the reinstatement of a San Antonio police officer the City had dismissed for allegedly leaving a "feces sandwich" in an area where officers were attempting to move several homeless individuals. (here) Grievant had directed some of the individuals to assist in picking up trash scattered in the area. He acknowledged picking up some dog feces using some discarded bread and left it in a discarded food container. He stated he assumed one of the individuals would pick it up and dispose of it. Following an investigation, the Chief decided to terminate the officer's employment, believing that his actions had been an intentional effort to humiliate a homeless man.

Arbitrator Hays concluded that even if grievant had not intended to commit "an act to bring reproach or discredit" on himself or the Department, he had in fact done so and that termination would be reasonable. However, in light of the conflicting testimony concerning the date of the incident, he found that the City had not established that it had imposed discipline within 180 days, as required by applicable law. He did uphold a five day suspension for an unrelated incident.

Arbitrator Williams concluded:

The written statement or charging letter assessed discipline for [grievant's] actions with the fecal sandwich, failure to take action on the active warrant, and failure to report the incident with the homeless person. The Association on behalf of [grievant]argued there was a violation of procedural due process as stated in the so-called "180-day rule." All of these violations were alleged to have been committed when the incident with the homeless person occurred except the failure to take action on the active warrant. Therefore, the failure to assess discipline within the 180 days prohibits the introduction of evidence complain of the fecal sandwich incident failure to report. The only violation permitted as within the 180 days is the failure to take action with the discipline assessed as written reprimand or five (5) day temporary suspension. The indefinite suspension [i.e termination] is overturned due to the violation of the 180-days prohibition.